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Australia Case Law

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Building and construction

SBRGroup Pty Ltd v Hosseini

The District Court held a payment claim was valid despite referring to a non-existent cost-plus contract, and entered judgment for the builder for $153,389.17.

  • Security of payment
  • Payment claim validity
  • Payment schedule not served
  • Contract termination
  • Cost-plus contract
  • Agency
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Criminal law

O’Toole v R

District Court appeal allowed in convictions on identification and circumstantial evidence grounds; charges in both the Passat and motorbike matters were dismissed.

  • Appeals against conviction
  • Identification evidence
  • Recognition evidence
  • Circumstantial evidence
  • False emergency call
  • Drive never licensed
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Criminal law

Mehieddine v R

The Court of Criminal Appeal granted leave to appeal but dismissed Majd Mehieddine’s sentence appeal, upholding the 20% plea discount and the 7-year aggregate sentence.

  • Appeal against sentence
  • Procedural fairness
  • Utilitarian value of guilty plea
  • Remorse
  • Manifest excess
  • Commonwealth offences
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Administrative law

Troy v Transport for NSW

The Tribunal affirmed the refusal to renew Mr Troy’s bus driver authority, finding his repeated traffic offences meant he was not fit and proper or of good repute.

  • Bus driver authority
  • Fit and proper person
  • Good repute
  • Traffic offences
  • Public passenger vehicle
  • Bus-driver-authority
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Civil procedure

Demasi v State of New South Wales

The Court refused leave to appeal out of time from a Local Court negligence judgment, holding s 21(2) of the Pawnbrokers Act did not create a police duty of safekeeping.

  • Extension of time
  • Question of law
  • Statutory construction
  • Procedural fairness
  • Unrepresented litigant
  • Local court appeal
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Civil procedure

DPC v Trustees of the Marist Brothers & Anor

The Court dismissed the Diocese’s application to withdraw its admission that it employed Hawkins, finding the explanation unsatisfactory and prejudice likely.

  • Withdrawal of admission
  • Pleadings
  • Amendment of defence
  • Prejudice
  • Case management
  • Costs
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Environment and planning

Buffier v Ball

Application under the Trees Act refused because the nominated trees were not shown to form a hedge, and the view obstruction was found to be moderate.

  • High hedges
  • View obstruction
  • Jursidiction under pt 2a
  • Reasonable effort to reach agreement
  • Severe obstruction of view
  • Trees-disputes-between-neighbours
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.